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There
shall be a Public Service Commission of Nepal
consisting of a Chairman and such number of other members
as may be required. |
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His
Majesty shall, on the recommendation of the Constitutional
Council, appoint the Chairman and other members of the Public
Service Commission. |
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At least fifty percent of the total number of the members
of the Public Service Commission shall be appointed from
persons who have worked for ten or more than ten years in
any government office, and the rest of the members shall
be appointed from persons, who have done research, investigation,
teaching or any other significant work in such as like science,
art, literature, law or any other sphere of national life
and who hold a high reputation. |
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The
term of office of the Chairman and the members of the Public
Service Commission shall be six years from the date of appointment.
They shall be eligible for reappointment: Provided that:
- (a) if before the expiry of his term, the Chairman or
a member of the Public Service Commission attains the age
of sixty five, he shall retire. (b) the Chairman and the
members of the Public Service Commission may be removed
from their offices on the same grounds and in the same manner
as has been set forth for removal of a Judge of the Supreme
Court. |
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The
office of the Chairman or a member of the Public Service
Commission shall be deemed vacant in the following circumstances:
(a) if he dies; or
(b) if his resignation submitted to His Majesty in writing
is accepted by Him; or
(c) if pursuant to clause (4) his term expires or he is
removed from his office. |
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No
person shall be eligible to be appointed as the Chairman
or a member of the Public Service Commission unless he:
(a) holds a Post Graduate Degree from a university recognised
by His Majesty's Government;
(b) is not a member of any political party immediately before
appointment; and
(c) has attained the age of forty five. |
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The
remuneration and other conditions of service of the Chairman
and the members of the Public Service Commission shall be
as determined by law. The remuneration and other conditions
of service of the Chairman and the members of the Public
Service Commission shall not, so long as they hold office,
be altered to their disadvantage |
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Any
person once appointed to the office of the Chairman or a
member of the Public Service Commission shall not be eligible
for appointment in other Government Service:
Provided that:
(a) nothing in this clause shall be a bar to appointment
of a member of the Public Service Commission as Chairman
thereof, and when a member is so appointed as the Chairman,
his term of office shall be computed as to include his term
as member; and
(b) nothing in this clause shall be a bar to appointment
to any position of a political nature, or to any position
which has the responsibility of submitting advice, opinions
or recommendations after carrying out studies or research
on any subject. |
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| 102.
Functions, Duties and Powers of the Public Service Commission:
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It
shall be the duty of the Public Service Commission to conduct
examinations for the selection of suitable candidates to
be appointed to Civil Service posts. Explanation:
For the purposes of this Article, all services and positions
in His Majesty's Government shall be deemed included within
the Civil Service, except Army Officers and Soldiers, the
service and positions of Police Personnel, and such other
services and positions as are excluded from the Civil Service
or positions [sic] by any law. |
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Permanent
appointment to any position in the Civil Service which carries
the benefit of pension shall not be made except in consultation
with the Public Service Commission. |
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The
Public Service Commission shall be consulted on the following
subjects:
(a) matters concerning the law relating to the conditions
of service of the Civil Service;
(b) the general principles to be followed in the course
of appointment to, promotion to, and departmental action
concerning the Civil Service or positions;
(c) matters concerning the suitability of any candidate
for appointment to a Civil Service position for a period
of more than six months;
(d) matters concerning the suitability of any candidate
for transfer or promotion from one service to another within
the Civil Service or from any other Government Service to
the Civil Service;
(e) matters concerning the permanent transfer or promotion
of any employee, working in any position of an organisation
which is not required to consult with the Public Service
Commission on matters of appointment, to any position for
which consultation with the Public Service Commission is
required; and
(f) matters relating to departmental actions proposed against
any Civil Servant. |
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Notwithstanding
anything contained in clause (3), matters falling within
the purview of the Judicial Service Commission pursuant
to Article 94 of this Constitution shall be governed by
that Article. |
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The
Public Service Commission may delegate any of its functions,
duties and powers to any of its members, a committee of
such members or any employee of His Majesty's Government,
to be exercised and complied with subject to the specified
conditions. |
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Subject
to this Constitution, other functions, duties and working
procedures of the Public Service Commission shall be as
regulated by law. |
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Each
year, the Public Service Commission shall submit to His
Majesty an annual report on the works it has performed.
His Majesty shall cause such report to be laid before Parliament |
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